[2025:RJ-JP:5459] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 765/2025 Dhirendra Vyas S/o Yogendra Kumar Vyas, Aged About 48 Years, R/o 72-A, G-2, Nityanand Nagar, Queens Road, Vaishali Nagar, Jaipur, Rajasthan. ----Petitioner Versus Vijendra Singh Rajawat S/o Mr. Dayal Singh, R/o Kunsay, Tehsil Gangapur City, Presently Residing At Amit Colony, Mahukalan, Gangapur City. ----Respondent For Petitioner(s) : Mr. Shivam Kumar Sharma For Respondent(s) : HON'BLE MR. JUSTICE GANESH RAM MEENA Order 07/02/2025 1. This criminal misc. petition has been filed by the petitioner with a challenge to the order dated 16.01.2025 passed by the court of learned Addl. Sessions Judge No.1, Gangapur City in Criminal Appeal No.80/2024 whereby the application for extension of time for depositing the amount as directed by the court below vide order dated 25.10.2024 was dismissed. 2. Heard. 3. Considered the submissions made at bar and also perused the material available on record. 4. As per the facts borne out from the case, the petitioner was convicted for offence under Section 138 of N.I. Act vide order dated 30.09.2024 and sentenced to undergo 01 year simple imprisonment along with fine of Rs.45,000/-. [2025:RJ-JP:5459] (2 of 3) [CRLMP-765/2025] 5. Against the order of conviction and sentence dated 30.09.2024, the petitioner preferred an appeal before the Appellant Court along with the application for suspension of sentence. 6. The application for suspension of sentence was allowed by the learned Appellate Court and the learned Appellate Court apart from other conditions, directed the petitioner to deposit a Demand Draft of Rs.10,000/- within a period of 45 days. 7. Counsel for the petitioner submits that because of death of the mother of the lawyer appearing for the petitioner, the petitioner could not deposit the Demand Draft of Rs.10,000/- within a given period of 45 days and he submitted an application for extension of time but same was dismissed by the learned Appellate Court. 8. Taking into consideration the overall facts and circumstances of the case so also in the interest of justice, 10 days time from today is allowed to the petitioner to deposit the Demand Draft of Rs.10,000/- as ordered by the Court below vide order dated 25.10.2024. 9. In case the petitioner fails to deposit the Demand Draft within a given period of 10 days from today, this order shall automatically lose its effect. 10. Accordingly this criminal misc. petition stands disposed of. 11. Counsel for the petitioner also submitted that because of non depositing the Demand Draft of Rs.10,000/- as ordered by the court below within a given period of 45 days, warrant has been issued against the petitioner. [2025:RJ-JP:5459] (3 of 3) [CRLMP-765/2025] 12. In view of the order of this Court for extension of time of 10 days for depositing the Demand Draft, the warrant issued against the petitioner shall be kept in abeyance. 13. Since the main petition has been disposed of, the stay application and pending application/s, if any, also stand disposed of. (GANESH RAM MEENA),J Satyendra/7